In the Tinh That Bong Lai case, many legal "scenarios" were set with Mr. Le Tung Van after the first instance session

The first instance trial of the People's Court of Duc Hoa district (Long An province), adjudicating the wrongdoing at "Bong Lai Tinh Vien" ended with a sentence of imprisonment for all 6 defendants in the case. However, the first-instance judgment did not immediately arrest Mr. Le Tung Van (90 years old), who was found to have the role of organizing and directing other defendants to commit crimes. This also sets forth legal scenarios and situations with Mr. Le Tung Van after the first-instance trial.

Returning home after the court sentence

According to the content of the judgment, Mr. Le Tung Van (90 years old) was the person who directed, operated and developed Ms. Cao Thi Cuc's house of worship into "Bong Lai Pure House", then changed its name to "Thien Am" on the edge of the universe". Mr. Van is also the person who organizes and directs the remaining defendants to set up, manage, use and post on Youtube channels.

It was the defendant Van who browsed to post clips with illegal content on social networks. The defendants' behavior has distorted and offended the reputation and honor of the Duc Hoa District Police, the Vietnamese Buddhist Church in Long An province and Mr. Taking advantage of democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals.

The sentence sentenced Mr. Van to 5 years in prison, the remaining 5 defendants were sentenced to 3 to 4 years in prison.

Previously, Mr. Le Tung Van was released on bail and after the court handed down the sentence, 5/6 defendants were taken back to the detention center, and Mr. Le Tung Van got into the car to return home.

More "scenarios" to follow

According to a Procurator working at a procuratorate in Ho Chi Minh City, because of the sentence related to Mr. Van that the People's Court of Duc Hoa district announced on the evening of July 21, he did not immediately arrest the accused, so the "scenarios" What will happen next: Scenario 1, if this first-instance judgment is not appealed or protested, 30 days from the date of judgment (July 21), the judgment will take legal effect.

Once the judgment has taken legal effect, the defendants become convicts. Within the next 7 days, the Chief Justice of the People's Court of Duc Hoa district will issue a judgment executio.n decision and send it to the convicts.

Within the next 7 days from the date of receiving the judgment executio.n decision, Mr. Le Tung Van must be present at the criminal judgment executio.n agency of Duc Hoa district to execute the judgment.

The second scenario is that in case the above-mentioned first-instance judgment of the People's Court of Duc Hoa district is appealed or protested, after the appellate court of the People's Court of Long An province pronounces the sentence, Van has committed a crime and must be sentenced to prison. Within 10 days from the date of sentencing, the appellate court of the People's Court of Long An province will send the judgment to the first instance court of the People's Court of Duc Hoa district.

Within 7 days, the first-instance court must issue a judgment enforcement decision and send it to Mr. Van. In the next 6 days, Mr. Van must be present at the Duc Hoa district judgment enforcement agency to execute the judgment.

According to lawyer Le Thi Bich Chi (Ho Chi Minh City Bar Association), Mr. Van can be arrested to serve a prison sentence, if he does not have a valid appeal and the Procuracy does not have a valid protest related to the crime. name and penalties applied to him upon the expiration of the time limit for appeals or protests, the first-instance judgments take legal effect. Van's executio.n of the prison sentence in this case shall comply with the provisions of Clause 1, Article 23 of the Law on Executio.n of Criminal Judgments 2019.

If Mr. Van has a valid appeal or the Procuracy has a valid protest related to the crime and punishment applied to Mr. Van, at this time the first-instance judgment has not yet taken legal effect and must wait for the review result. appellate trial. Mr. Van well complied with the commitments on applying the preventive measure "Prohibited from leaving the place of residence", then he will continue to apply this measure until the appellate judgment is issued.

If the appellate judgment still declares Mr. Van guilty and imposes an imprisonment penalty on Mr. Van, based on the provisions of Clause 2, Article 347 of the 2015 Criminal Procedure Code, the appellate court may issue a decision to arrest him. Mr. Van was detained immediately after the sentencing. In case Mr. Van is not taken into custody immediately after the sentence is pronounced, the sentence executio.n will be carried out as in the case of the effective first-instance judgment mentioned above, except for the case where Mr. prescribed in Articles 24 and 25 of the Law on Executio.n of Criminal Judgments 2019.

Also according to lawyer Le Thi Bich Chi, in the process of preparing for the appellate trial (if any), if Mr. Van shows signs of violating his commitments when applying the current "Prohibition from leaving the place of residence" measure, Mr. present, such as: Leaving residence without permission from the agency that issued the residence ban; Failure to appear under the summons without force majeure or objective obstacles; There are signs of running away or continuing to commit crimes; Bribe, coerce, incite others to make false statements or provide untruthful documents; destroy or forge evidences, documents and objects of the case, disperse assets related to the case; Threatening, controlling, taking revenge on witnesses, victims, crime whistleblowers and their relatives, the appellate level has the right to change the preventive measure against Mr. residence to arrest for detention.

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